Iowa Admin. Code r. 761-607.28
Current through Regsiter Vol. 46, No. 26, June 12, 2024
Rule 761-607.28 - Skills test(1)Content. The skills test for a commercial driver's license is a three-part test as required in 49 CFR Part 383 , Subparts E, G and H.(2)Test methods. All skills tests shall be administered in compliance with 49 CFR Section 383.133(c). Interpreters are prohibited during the administration of skills tests. Applicants must be able to understand and respond to verbal commands and instructions in English by a skills test examiner. Neither the applicant nor the examiner may communicate in a language other than English during the skills test.(3)Order. The skills test must be administered and successfully completed in the following order: pre-trip inspection, basic vehicle control skills, on-road skills. If an applicant fails one segment of the skills test, the applicant cannot continue to the next segment of the test, and scores for the passed segments of the test are only valid during initial issuance of the commercial learner's permit.(4)Vehicle. The applicant shall provide a representative vehicle for the skills test. "Representative vehicle" means a commercial motor vehicle that meets the statutory description for the class of license applied for.a. To obtain a passenger vehicle endorsement applicable to a specific vehicle class, the applicant must take the skills test in a passenger vehicle, as defined in rule 761-607.3 (321), satisfying the requirements of that class, as required in 49 CFR Section 383.117.b. To obtain a school bus endorsement, the applicant must qualify for a passenger vehicle endorsement and take the skills test in a school bus, as defined in rule 761-607.3 (321), in the same vehicle class as the applicant will drive, as required in 49 CFR Section 383.123.c. To obtain a tank endorsement, the applicant must take the skills test in a representative vehicle for the class of license applied for, but the representative vehicle is not required to be a tank vehicle.d. To remove an air brake or full air brake restriction, the applicant must take the skills test in a vehicle equipped with an air brake system, as defined in rule 761-607.3 (321) and as required in 49 CFR Section 383.113.e. To remove a manual transmission restriction, the applicant must take the on-road segment of the skills test in a vehicle equipped with a manual transmission, as defined in rule 761-607.3 (321).(5)Skills test scoring. Passing scores for a skills test shall meet the standards contained in 49 CFR Section 383.135(b).(6)Military waiver. The department may waive the requirement that an applicant pass a required skills test for an applicant who is on active duty in the military service or who has separated from such service in the past year, provided the applicant meets the requirements of Iowa Code subsection 321.188(6).(7)Locations. The skills test for a commercial driver's license shall be given only at specified locations where adequate testing facilities are available. An applicant may contact any driver's license service center for the location of the nearest skills testing center.(8)Fees. Fees authorized pursuant to Iowa Code sections 321.187A and 321M.6A will be collected by the department or a county treasurer location offering commercial driver's license skills tests.a. Except as provided in paragraph 607.28(8)"c," the fee for an applicant to schedule the pre-trip vehicle inspection segment of the skills test with the department is $25. No fees are due to the department for scheduling the basic vehicle control skills or on-road skills segment of the test.b. Except as provided in paragraph 607.28(8)"c," the fee to schedule the pre-trip vehicle inspection segment of the skills test with a county treasurer is $25. The fee for a county treasurer to administer the basic vehicle control skills segment is $25, and the fee to administer the on-road skills segment of the test is $25. However, if the applicant fails one segment of the driving skills test, no fee shall be due for a subsequent segment of the test.c. If the applicant is an employee or volunteer of a government agency as defined in Iowa Code section 553.3, the following shall apply:(1) The department shall not charge the pre-trip inspection scheduling fee under paragraph 607.28(8)"a."(2) A county treasurer may charge only the pre-trip inspection fee under paragraph 607.28(8)"b."(3) An applicant must provide the department or county treasurer with reasonable proof that the applicant is an employee or volunteer of a qualifying government agency and that a commercial driver's license is necessary for the applicant's employment or volunteer duties. Reasonable proof shall be provided on Form 430311. Alternatively, if the applicant is seeking a skills test from a county treasurer, reasonable proof may include payment of the pre-trip inspection fee by a government agency on behalf of the applicant.d. If an applicant fails to appear for the pre-trip inspection segment of the skills test, the appointment shall be canceled and no other applicable fees are due.e. Except as provided in paragraph 607.28(8)"g," new fees will apply if an applicant schedules a new skills test appointment.f. The department or a county treasurer may collect any fees due and owed for the skills test at the same time any fees are collected as part of the commercial driver's license issuance transaction.g. Any fees collected under this subrule are nonrefundable. However, nothing in this paragraph shall be construed as preventing the department or a county treasurer from transferring a fee charged for a pre-trip inspection to a new pre-trip inspection if rescheduling the appointment is determined necessary or appropriate as determined by the department or county treasurer upon a showing of good cause.h. A skills test fee charged under this subrule that remains unpaid may be collected at the person's next driver's license renewal or replacement. This rule is intended to implement Iowa Code sections 321.186, 321.187A, 321.188 and 321M.6A.
Iowa Admin. Code r. 761-607.28
Amended by IAB August 5, 2015/Volume XXXVIII, Number 03, effective 7/14/2015Amended by IAB January 6, 2016/Volume XXXVIII, Number 14, effective 2/10/2016Amended by IAB May 11, 2016/Volume XXXVIII, Number 23, effective 6/15/2016Amended by IAB March 14, 2018/Volume XL, Number 19, effective 4/18/2018Amended by IAB March 11, 2020/Volume XLII, Number 19, effective 4/15/2020Amended by IAB April 7, 2021/Volume XLIII, Number 21, effective 5/12/2021Amended by IAB February 9, 2022/Volume XLIV, Number 16, effective 3/16/2022